FBHP Online Banking with Bill Pay
Agreement & Disclosures
Use of the FBHP Online Banking and Bill Payment Service indicates acceptance of terms and conditions set forth in the Online Banking Agreement & Disclosures and the terms and conditions set forth in this Bill Payment Agreement & Disclosures ("Agreement") as each may be jointly and/or independently amended from time to time. This Agreement is provided in electronic form, and by using the Bill Payment Service you agree to accept the Agreement in that form. Please read the Agreement carefully because it is our legal agreement with you that governs your use of our Bill Payment Service. After you have carefully read this agreement, you will be asked to consent to the terms and conditions of this agreement.
As used in this Agreement, Account(s) refers to the checking, savings, or money market account(s) you have with First Bank of Highland Park, some of which may not be eligible for electronic transfers and bill payments using the Service; First Bank of Highland Park refers to First Bank of Highland Park and it's depository institution affiliates where your Accounts may be located; Agreement refers to the Terms and Conditions of Your Deposit Account given to you at the time your account was opened; Designated Service Charge Account means the Account you have designated to be charged for all fees and charges associated with the Services; Business Day(s) means Monday through Friday, except Federal Reserve holidays; The Service(s) refers to collectively, any or all of First Bank of Highland Park's Internet Banking Services, which allows you to access account and transaction information and transfer funds, and if you so choose to pay bills on a personal computer. FBHP Online Banking refers to the Service allowing you to access account and transaction information, transfer funds and allowing you to pay bills when the bill payment option is chosen; we, us or our refers to First Bank of Highland Park and any agent, independent contractor, designee or assignee that First Bank of Highland Park may, in its sole discretion, involve in the provision of the Service; you or your refers to the individuals, corporations, partnerships, limited liability companies, and sole proprietorships subscribing to or using the Service.
This Agreement and the Initial Disclosures (the "Agreement") between you and First Bank of Highland Park governs your use of FBHP Online Banking. By subscribing to FBHP Online Banking or using these services you agree to the terms of this Agreement. Please read the Agreement carefully and in its entirety.
3. FBHP ONLINE BANKING.
With FBHP Online Banking, you may access accounts and transaction information and order transfers of funds among your eligible Account(s). Not all First Bank of Highland Park accounts are eligible for electronic transfers using the Service. If you are subscribing to FBHP Online Banking with the bill payment option, you may also use a personal computer ("PC") to direct us electronically to make payments from your eligible account(s) to third parties ("Payees") whom you have selected in advance to receive payments.
4. SOFTWARE AND EQUIPMENT REQUIREMENTS.
You may access your account information and direct us to make payments from your eligible Account(s) using any personal computer that provides access to the Internet. The Internet browser you use must use 128 Bit SSL encryption.
5. YOUR USER ID AND PASSWORD.
You will be given a unique User ID consisting of 4-8 alpha-numeric characters and an initial Password consisting of 4-8 alpha numeric characters which you will use to obtain access to your eligible Account(s). You authorize us to follow any instructions entered through FBHP Online Banking using your User ID and Password. Because your User ID and Password can be used to access money in your Account(s) and to access information about these Account(s), you should treat your User ID and Password with the same degree of care and secrecy that you use to protect your ATM security code and other sensitive financial data. We may ask you to change your Password from time to time for security reasons. You agree not to use any language that is abusive, harassing, libelous, defamatory, obscene, or threatening when defining your password or any other personalization of your Account(s).
6. SHARING YOUR USER ID AND PASSWORD WITH OTHERS.
You agree not to give or make available your User ID, Password, or account number(s) to any person who is not authorized to access your Account(s). If someone to whom you have granted authority to use your User ID and password exceeds such authority, you are fully liable for all transfers and payments made by such person until you have notified us that you have terminated the authority granted to such person and have given us a reasonable period of time to act upon such notice. We may require that you put such notice in writing. Upon receipt of such notice we may require you to immediately change your User ID and Password, and to identify the person or persons you believe to have exceeded such authority. You agree to cooperate with us in the investigation and prosecution of any person who has obtained and used you User ID and Password without your authorization.
7. BILL PAY INTRODUCTION.
Through online banking you may subscribe to our optional Bill Payment Service. The Bill Payment Service allows you to schedule payments through the Internet for current, future, and recurring bills from your checking account with us.
You may use our Bill Payment Service to direct us to make payments from your designated checking account to the Payees you choose in accordance with this Agreement. The terms and conditions of this Agreement are in addition to the agreements, disclosures and other documents in effect from time to time governing your deposit account with us, including the Retail Account Disclosure Statement ("Deposit Agreement"), and the Online Banking Agreement & Disclosures.
"Bill Payment Service" and/or "Service" means the bill payment service that First Bank of Highland Park makes available over the Internet with Paytraxx and is also a Service under the Agreement. "Bank", "we", "our", or "us" means First Bank of Highland Park. "Account" means the deposit account you designate to process Bill Payment transactions through. "Payee" or "Merchant" means anyone you designate and we accept as a payee. "Payment" means your remittance to a payee.
8. REQUIREMENTS & RESTRICTIONS.
To subscribe to Bill Payment, you must designate a specific checking account to process your Bill Payment transactions through. The account you designate for this purpose must be in good standing with us in accordance with our criteria.
We will not permit you to use a money market or savings account as your designated Bill Payment account because federal regulations require us to limit the number and types of transfers from money market and savings deposit accounts.
Requirements for dual signatures on checks do not apply to the Bill Payment Service.
9. PAYEE DESIGNATION.
You can use the Bill Payment Service to make payments to almost any Payee or Merchant you want, including individuals, local service providers, utilities, credit cards, or to make mortgage or loan payments, or charitable donations, etc.
The Bill Payment Service cannot be used to make payments for the following:
- Tax payments to the Internal Revenue Service or any state, local or other government agency;
- Court-ordered payments such as child support or alimony; and
- Payees located outside of the United States.
By furnishing us with the names of your Payees (Merchants and/or individuals) and their addresses, you give us authorization to follow the Payment instructions, which you provide to us. When we receive a Payment instruction for the current date or a future date, we will remit the funds to the Payee on your behalf from the funds in your designated Account, on the day you have instructed them to be sent ("Payment Date"). We are not obligated to pay funds from your Account if the available Account balance is insufficient to cover the Payment. Funds for ALL bill payments, whether paid electronically or by check, will be withdrawn from your Account no later than three (3) business days following the Payment Date.
We are not responsible if a Payment cannot be made due to incomplete, incorrect, or outdated information provided by you regarding a Merchant, or if you attempt to pay a Merchant that is not on your Merchant Accounts list.
10. MAKING / SCHEDULING PAYMENTS.
You may use the Bill Payment Service to authorize recurring payments or non-recurring payments. Recurring payments are payments that you schedule in advance to recur at substantially regular intervals in the same amount to the same Payee. Recurring Payments may be scheduled for up to ten (10) years. Non-recurring Payments are a single, one-time Payment to a specified Payee. Non-recurring Payments may be scheduled to be initiated up to eighteen (18) months in advance.
Payments are only processed on Business Days - Monday through Friday at 1PM Central Time, except on Federal holidays. You may use the Service 24 hours a day, seven (7) days a week, except during maintenance periods, for scheduling, modification or review of payment orders, and for fund transfers and balance inquiries. If you attempt to schedule a Payment on a weekend or Federal holiday, you will be prompted to select a different date, or the Payment will be processed on the preceding business day if it is an auto recurring Payment. The Payment method may be electronic or by check. The first Payment to a Merchant must be scheduled at least five (5) business days prior to the due date for each Payment (recurring or variable) to allow adequate time for the Payment to reach the Payee. The due date is the date the Merchant has designated for payment, and should not be adjusted for any grace period or late date accommodations the Merchant may provide. Once the Service has been notified whether a Merchant accepts electronic payments or requires a paper check, after making the first Payment to that Merchant, the Service will display a message indicating that the Merchant requires either a two (2) day lead time for an electronic payment, or a five (5) day lead time if a paper check sent by regular mail is required.
Any Payments made with the Bill Payment Service require sufficient time for your Payee to credit your Account with them properly. To avoid incurring a finance charge or other charge, you must schedule a Payment sufficiently in advance of the due date of your Payment. If you fail to schedule your Payment according to the recommended timeframe, we will not be responsible for the late fees or finance charges. We will not be liable if any third party, through whom any Payment is made, fails to properly transmit the Payment to the intended Payee.
You agree to have available collected funds on deposit in the Account you designate in amounts sufficient to pay for all Payments requested, as well as any other payment obligations you have to us. We reserve the right, without liability, to reject or reverse a Payment if you fail to comply with this requirement or any other terms of this Agreement. If you do not have sufficient funds in your designated Account and we have not exercised our right to reverse or reject a Payment, you agree to pay for such payment obligations on demand. You further agree that we, at our option, may charge any of your accounts with us to cover such payment obligations.
11. CHANGE OR DELETE PAYMENTS / STOP PAYMENTS.
Any Payment can be changed or cancelled; provided you access the Service prior to 1PM Central Time on the business day the Payment is going to be processed. If you call, we may require you to put your request in writing and send it to us within fourteen (14) days after you call. If you ask that First Bank of Highland Park stop payment on a scheduled bill payment, our standard stop payment fee will be charged to your designated service charge account. Please refer to our Schedule of General Fees for our current stop payment fee.
We shall not be liable to you due to a stop payment request if your order to do so is not presented prior to the time the check has cleared. Once the Payment has cleared, you can no longer stop payment.
12. LIABILITY FOR FAILURE TO STOP PAYMENTS (Applicable for Consumers Only).
If you notify First Bank of Highland Park to stop one of these Recurring Payments three (3) Business Days or more before the Transaction Date, and we do not do so, we will be liable for your losses or damages.
13. PAYMENT GUARANTEE.
If all Payment guidelines were followed and a Payment is still posted late to your Account with a Merchant resulting in a late fee, at our discretion, we will make an attempt to have the Merchant waive the late fees. If the Merchant is unwilling to waive late fees, up to $50 in late fees assessed by the Merchant will be covered by us. However, due to factors beyond our control such as the U.S. Mail and payment processing at the Merchant, it is not guaranteed that a Payment will post on the fifth business day (or second, if issued electronically). It is imperative to note that Merchant grace periods are not taken into consideration, and if adequate lead time prior to the payment due date was not allowed by you in scheduling the Payment, this Guarantee is void.
NOTE: If the Merchant is not willing to discuss late fees or status of the account with us, you will be notified and advised that the Merchant requires your authorization before further discussions can occur between us and the Merchant.
14. YOUR LIABILITY (Applicable to Consumers Only).
You are solely responsible for controlling the safekeeping of and access to your Bill Payment information. You are liable for all transactions you make, or that you authorize another person to make, even if that person exceeds his or her authority. If you want to terminate another person's authority, you must change your Online Banking logon password. In the event that you have experienced unauthorized access to our Bill Payment, you must notify us IMMEDIATELY of the unauthorized access, identify any Payments made or potential Payments scheduled, and change your logon information.
If you believe your User ID and Password have been lost or stolen, you must tell us within two (2) Business Days after you learn of the loss or theft. By doing so, you can lose no more than $50 if someone unlawfully used your User ID and Password without your permission. Telephoning us is the best way of keeping your possible losses down. If not contacted as described above, you could lose all the money in your Account. If you do NOT tell us within two (2) Business Days after you learn of the loss or theft of your User ID and Password, and we can prove that we could have stopped someone from using your User ID and Password without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us AT ONCE. If you do not tell us within thirty (30) days after the statement was mailed to you, you may not get back any money you lost after the thirty (30) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
You will be responsible for any Payment request you make that contains an error or is a duplicate of another Payment. We are not responsible for a Payment that is not made if you did not properly follow the instructions for making the Payment. We are not liable for any failure to make a Payment if you fail to promptly notify us after you learn that you have not received credit from a Payee for a Payment. We are not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be our agent.
15. BANK'S LIABILITY (Applicable to Consumers Only).
If we do not complete a transfer to or from your Account on time or in the correct amount according to this Agreement, we will be liable for your losses or damages. This liability is in addition to the payment guarantee for bill payments. However, there are some exceptions. We will not be liable for instance:
- If, through no fault of ours, you do not have enough money in your Account to make the transfer or payment.
- The funds in your Account are subject to legal process or other encumbrances restricting such transfer.
- If the Service or your PC or modem is not working properly and you know about the malfunction when you started the transfer or payment.
- A Payee mishandles or causes delays in handling payments sent by us.
- You have not provided us with the correct Payee name, address, account information, or payment amount.
- Circumstances beyond our control prevent the proper completion of the transaction despite reasonable precautions by us to avoid these circumstances. Such circumstances include, but are not limited to, fire, flood, delay in U.S. Mail, interruption in your electrical power or telephone, the disconnecting of you telephone line by you local telephone company or from deficiencies in you line quality, or any defect or malfunction of your PC, operating hardware, modem, or telephone line.
If you do not access or use the Bill Payment Service for a period of more than six months (6), we may in our sole discretion, terminate your access to and use of the Bill Payment Service without notice to you.
We reserve the right to terminate your use of Bill Payment at any time without prior notice to you. Termination will not affect your liability or obligation under this agreement for transactions that have been processed on your behalf.
If, for any reason, you should want to terminate your use of our Bill Payment Service, we recommend that you cancel all future Payments and transfers at the same time you terminate the Service, either by deleting the Payments yourself or by contacting the Bank as stipulated below. We will delete all outstanding payments (both one-time and recurring), as part of your Service termination.
We are not responsible for any fixed Payment made before we have a reasonable opportunity to act on your termination notice. You remain obligated for any and all Payments made by us on your behalf through the Bill Payment Service.
Should you opt to discontinue any of the Accounts or Services to which this Agreement pertains, written notice must be provided to us at least ten (10) days prior to the date on which you wish to have your Service terminated at the following address:
First Bank of Highland Park
1835 First Street
Highland Park, IL 60035
All of the payments and funds transfers made through FBHP Online Banking will appear on your Account statement. The Payee, payment amount, and transaction date will be reflected for each payment made through FBHP Online Banking.
You will not be charged for the use of FBHP Online Banking except for account transaction fees as described in our Internet Banking, Personal, or Business Disclosure Statement brochures. All customers will be charged a monthly fee as described in our Internet Banking, Personal, or Business Disclosure Statement brochures for FBHP Online Banking with bill payment for up to and including the specified number of bill payments in the Disclosure Statement per calendar month. The monthly fee and number of bill payments will be determined by the account in which FBHP Online Banking payments are made.
Monthly fees may be changed with advance notice. Monthly fees for your use of FBHP Online Banking with the bill payment option are in addition to any fees that you may incur on you Accounts. There may be additional fees charged against your Accounts if a transaction you initiate using FBHP Online Banking causes any of your Accounts to be overdrawn, exceed the maximum permissible number of transactions for the accounts, or exceed any other qualifiers for the Accounts. Refer to our Internet Banking, Personal, or Business Disclosure Statement brochure for a complete listing of these fees. You authorize First Bank of Highland Park to deduct all applicable subscription, service, and user fees for FBHP Online Banking from your Designated Service Charge Account.
20. TRANSFER TYPES AND LIMITATIONS.
a) Account Access. You may use the Service to:
- Transfer funds between your eligible Accounts whenever you request;
- If you subscribe to FBHP Online Banking with Bill Pay, pay bills directly from your eligible Account(s) in the amounts and on the days you request in accordance with the terms of this Agreement to merchants and individuals located in the U.S.;
- Obtain Account balances;
- Review the history of the past transaction on your Accounts; and
- E-mail messages to us. E-mail may not, however, be used to initiate transactions on your Accounts.
b) Limitations on Frequency of Transfers. You may initiate an unlimited number of transfers between your eligible Accounts subject to the limitations that apply to the maximum number of automatic or recurring withdrawals from savings and money market accounts. Please refer to the Truth in Savings disclosures provided to you when your account was opened for more details.
c) Limitations of Dollar Amount of Transfers/Bill Payments. The maximum aggregate amount that can be transferred between eligible Accounts per day is unlimited. The maximum aggregate bill payment amount that can be paid per day is unlimited.
21. ERROR RESOLUTION NOTICE (APPLICABLE TO CONSUMERS ONLY).
In case of errors or questions about your electronic transfers, telephone us at:
In Illinois: (847) 432-7800
Outside Illinois: (800) 445-EARN (3276)
First Bank of Highland Park
Post Office Box 439
Highland Park, Illinois 60035
Please note that you may be asked to verify your identity by answering your security question.
Contact First Bank of Highland Park as soon as you can if you think your statement (or information regarding a transaction) is wrong or you need more information about a transfer listed on the statement. We must hear from you no later than thirty (30) days after we sent the FIRST statement on which the problem or error appeared. When contacting First Bank of Highland Park regarding an error, please be prepared to communicate the following information:
- Your name, social security number or tax identification number, and Account number.
- The error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- The dollar amount of the suspected error
If you tell us orally, we may require that you send us your complaint or question within ten (10) Business Days. We will tell you the results of our investigation within ten (10) Business Days (twenty (20) business day if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days (ninety (90) Business Days if the transfer involved a new account) to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) Business Days (twenty (20) Business Days if the error involved a new account) for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business days, we may not credit your Account. We will tell you the results of our investigation within three (3) Business Days after we finish our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
22. ELECTRONIC MESSAGING.
FBHP Online Banking provides you with the ability to send and receive electronic messages to and from us. Please remember that we will not immediately receive an electronic message sent by you. If you need to contact us immediately, please see the Section titled error Resolution Notice. No action will be made on any electronic message you send to us until we actually receive your message and have a reasonable opportunity to act on it. In addition, electronic messages should include your designated security question and answer.
Electronic messaging CANNOT be used to notify us of unauthorized transactions. Notification of these occurrences must be done as specified in the Section titled Contact in Event of Unauthorized Transfer. From time to time, we may send important notices to you concerning your use of the Service by electronic messaging. The electronic messaging service may not be used to send or receive e-mail messages to or from the general public.
23. LIMITATION OF LIABILITY.
Except as otherwise provided in this Agreement or by law, we are not responsible for any loss, injury, or damage whether direct, indirect, special or consequential, caused by FBHP Online Banking or the use thereof, even if we have been advised of the possibility of such damages or losses. We are not responsible for any loss, damage or injury resulting from an interruption in your electrical power or telephone; the disconnection of your telephone line by your local telephone company from deficiencies in your line quality, the failure or unavailability of Internet access; problems with Internet Service Providers, any defect or malfunction of your PC, modem, or telephone line.
FIRST BANK OF HIGHLAND PARK MAKES NO WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING THE SERVICE, EQUIPMENT, BROWSER OR OTHER SERVICES INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.
24. ENTIRE AGREEMENT.
This Agreement, together with the Terms and Conditions of Your Deposit Account, which is incorporated here in by reference, constitutes the complete and exclusive agreement related to FBHP Online Banking, and supplements the Terms and Conditions of Your Deposit Account and any other agreement or disclosure related to your Accounts. In the even of a conflict between this Agreement and any other agreement or disclosure related to your Accounts or any statement by our employees or agents, this Agreement shall control, only as to electronic fund transfers conducted by using FBHP Online Banking.
No delay or omission by us in exercising any rights or remedies hereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise or the exercise of any other right or remedy. No waiver shall be valid unless in writing and signed by us.
If any provision of this Agreement is determined to be void or invalid, the remainder of this agreement shall remain in full force and effect.
27. AGREEMENT ASSIGNMENT AND AMENDMENT
We may assign this Agreement to any affiliate, parent or other company. We may also assign or delegate certain of its rights and responsibilities under this Agreement to such third parties as we may elect upon notice to you whereupon we shall be released from any and all further liability or responsibility related thereto.
We reserve the right to amend or cancel any of the provisions of this Agreement, including changes to any fees, costs, or assessments. We may amend or cancel any provision or charge by disclosing the change electronically, and, at our option, by sending you notification in addition thereto. We will provide notice of thirty (30) days of any changes (or such lesser period as may be allowed by applicable law) unless an immediate change is necessary to maintain the security of the system. You may choose to accept or decline amendments, cancellations or changes by continuing or discontinuing the accounts or services to which these changes relate, at your option. We also reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations.